Legal Question in Wills and Trusts in Michigan

Recover legal fees

It has become necessary to sue sibling over the distribution of parents estate. Is it possible and or customery to recover legal expenses if we win?


Asked on 8/12/02, 10:40 am

3 Answers from Attorneys

Patricia Prince Patricia Gormely Prince, P.C.

Re: Recover legal fees

The short answer, not knowing any facts, is yes, if you are successful. However, it is not easy, and not done that often, so I would not count on it. I presume you have an attorney helping you, who should be able to give you a better answer, based on his or her knowlege of the facts.

If you have not engaged an attorney, please feel free to contact my office for a consultation. We handle a great many contested probate matters.

Best Regards,

Pat Prince

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Answered on 8/14/02, 5:13 am
Geoffrey Lahn Lahn, McDonagh, and Brown, PLLC

Re: Recover legal fees

I am sorry to hear that you have to go through such a thing upon the death of your parent(s). Your question is difficult to answer without knowing any of the facts surrounding this case, but it may be possible to recover attorneys fees if your parents Will or Trust clearly stated a beneficiary or bequest that was not honored by the Personal Representative or the Trustee and an attorney was required to resolve the issue. Beyond this I cannot comment without knowing more about your specific case.

If you would like to call or drop in for a free consultation do not hesitate to call and make an appointment.

Kindest Regards,

Geoff Lahn (734) 944-2269

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Answered on 8/12/02, 11:01 am
John C. Talpos Talpos & Arnold

Re: Recover legal fees

Hello, I have received a copy of your e-mail. Ys, it is possible to recover attorney fes in certain probate matters. Having said that, I want to make it clear that recovery of attorney fees is very much "fact dependent". Much depends on how clear the instructions to the Personal Representative are. Feel free to call my office and schedule an appointment or to discuss the details of your matter with me or my associate, Karen Crusse. Good Luck, John C. Talpos (http://www.Mich-Lawyer.com)

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Answered on 8/12/02, 11:53 am


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